Fair Housing Info

It is important to understand the rights and protections that exist to ensure everyone is treated legally and fairly during a real estate transaction.

The Fair Housing Act prohibits discrimination
in housing because of:
• Race or color
• National origin
• Religion
• Sex
• Familial status (including children under
the age of 18 living with parents or legal
custodians; pregnant women and people
securing custody of children under 18)
• Handicap (Disability)

The Fair Housing Act covers most housing.
In some circumstances, the Act exempts
owner-occupied buildings with no more than
four units, single-family housing sold or
rented without the use of a broker and housing
operated by organizations and private
clubs that limit occupancy to members.

In the Sale and Rental of Housing: No
one may take any of the following actions
based on race, color, national origin,
religion, sex, familial status or handicap
(disability):
• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
• Deny a dwelling
• Set different terms, conditions or
privileges for sale or rental of a dwelling
• Provide different housing services
or facilities
• Falsely deny that housing is available for
inspection, sale or rental
• For profit, persuade owners to sell or rent
(blockbusting) or
• Deny anyone access to or membership in
a facility or service (such as a multiple
listing service) related to the sale or rental
of housing

In Mortgage Lending: No one may take
any of the following actions based on race,
color, national origin, religion, sex, familial
status or handicap (disability):
• Refuse to make a mortgage loan
• Fail to provide information
regarding loans
• Impose different terms or conditions on
a loan, such as different interest rates,
points, or fees
• Discriminate in appraising property
• Refuse to purchase a loan or
• Set different terms or conditions for
purchasing a loan.

In Addition: It is illegal for anyone to:
• Threaten, coerce, intimidate or interfere
with anyone exercising a fair housing right
or assisting others who exercise that right
• Advertise or make any statement that
indicates a limitation or preference based
on race, color, national origin, religion,
sex, familial status or handicap (disability).
This prohibition against discriminatory
advertising applies to single-family and
owner-occupied housing that is otherwise
exempt from the Fair Housing Act.
Additional Protection
If You Have A Disability

If you or someone associated with you:
1. Have a physical or mental disability
(including hearing, mobility and visual
impairments, chronic alcoholism, chronic
mental illness, AIDS, AIDS Related
Complex and mental retardation) that
substantially limits one or more major
life activities
2. Have a record of such a disability or
3. Are regarded as having such a disability
your landlord may not:
• Refuse to let you make reasonable
modifications to your dwelling or common
use areas, at your expense, if necessary
for the disabled person to use the
housing. (Where reasonable, the landlord
may permit changes only if you agree to
restore the property to its original
condition when you move.)
• Refuse to make reasonable accommodations
in rules, policies, practices or
services if necessary for the disabled
person to use the housing.

Example: A building with a “no pets” policy
must allow a visually impaired tenant to
keep a guide dog.
Example: An apartment complex that offers
tenants ample, unassigned parking must
honor a request from a mobility-impaired
tenant for a reserved space near her
apartment if necessary to assure that she
can have access to her apartment.

However, housing need not be made
available to a person who is a direct threat
to the health or safety of others or who
currently uses illegal drugs.

Requirements for New Buildings: In
buildings that are ready for first occupancy
after March 13, 1991, and have an elevator
and four or more units:
• Public and common areas must be
accessible to persons with disabilities
• Doors and hallways must be wide enough
for wheelchairs
• All units must have:
- An accessible route into and through the
unit
- Accessible light switches, electrical
outlets, thermostats and other
environmental controls
- Reinforced bathroom walls to allow later
installation of grab bars and
- Kitchens and bathrooms that can be
used by people in wheelchairs.

If a building with four or more units has no
elevator and will be ready for first occupancy
after March 13, 1991, these standards apply
to ground floor units.

These requirements for new buildings do not
replace any more stringent standards in
State or local law.

Housing Opportunities
for Families

Unless a building or community qualifies
as housing for older persons, it may not
discriminate based on familial status. That
is, it may not discriminate against families
in which one or more children under 18
live with:
• A parent
• A person who has legal custody of the
child or children or
• The designee of the parent or legal
custodian, with the parent or custodian’s
written permission.

Familial status protection also applies to
pregnant women and anyone securing legal
custody of a child under 18.
Exemption: Housing for older persons is
exempt from the prohibition against familial
status discrimination if:
• The HUD Secretary has determined that it
is specifically designed for and occupied
by elderly persons under a Federal, State
or local government program or
• It is occupied solely by persons who are
62 or older or
• It houses at least one person who is 55
or older in at least 80 percent of the
occupied units, and adheres to a policy
that demonstrates an intent to house
persons who are 55 or older.

A transition period permits residents on
or before September 13, 1988 to continue
living in the housing, regardless of their age,
without interfering with the exemption.

If You Think Your Rights
Have Been Violated

HUD is ready to help with any problem of
housing discrimination. If you think your
rights have been violated, you may write a
letter or telephone the HUD office nearest
you.You have one year after an alleged
violation to file a compliant with HUD, but
you should file it as soon as possible.
What to Tell HUD:• Your name and address
• The name and address of the person your
complaint is against (the respondent)
• The address or other identification of the
housing involved
• A short description of the alleged violation
(the event that caused you to believe your
rights were violated)
• The date(s) of the alleged violationWhere to Write or Call: Send a letter to the
fair housing office nearest you, or if you
wish, you may call that office directly. (The
direct dial and TTY numbers for the hearing
impaired are not toll free.)

If after contacting the local office nearest you,
you still have questions—you may contact
HUD further at:
U.S. Department of Housing
and Urban Development
Office of Fair Housing and Equal
Opportunity
451 7th Street, S.W., Room 5204
Washington, D.C. 20410-2000
(202) 708-0836
1-800-669-9777
TTY 1-800-927-9275

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